Filing An Adversary

An Adversary Proceeding is a lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the bankruptcy court.

An adversary proceeding is filed to enforce laws or rules, to recover money or property, to object to debtor's discharge or dischargeability of certain debts, or protect certain parties' rights. It is commenced by the filing of a complaint and is considered a matter separate from the bankruptcy file. Adversaries are governed by Rules 7001 to 7087 of the Bankruptcy Code

Complaint Filed:

The complaint must be captioned properly and should contain the main case bankruptcy number and debtor(s) names in addition to naming the plaintiff and defendant. See the caption example (B16D) on this page.

The filer's use of an adversary proceeding cover sheet (B104) is required. There are 11 types of relief that can be obtained through the filing of an adversary proceeding. They are listed on the Adversary Proceeding Cover Sheet under the section titled "Nature of Suit".

The Court will issue the summons:

After the complaint has been filed and any deficiencies cured, a Summons is prepared by the Clerk's Office and sent to the plaintiff's attorney (or the plaintiff, if (s)he is pro se) for service on the defendants. Proof of such service is then filed with the court. Each defendant (other than the United States) has thirty days within which to file an answer or other responsive pleading. If the United States is a defendant, then all defendants have 35 days to file an answer or responsive pleading